The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-03-17
THE TEMPERANCE LAW.
The Temperance Bill Passed by the
Legislature.

Legislature.
The following is the full text of the new
temperance bill passed by the Legislature:
Be Il enacted ~ the Legislature of the StGte Of
RG,Sds:
Section l. That section of chapter 1aS OF the
laws Of 1881, as amended by section 1 OF
chapter 149 of the laws Of 1885. be
amesded so as to read as follows: Section g. II
shall be unlawful for any person or persons to
sell, or barter, for medical scientific or mechsn-
ical purposes, any malt, vinous spurious, FER
peRted or other Intoxicating liquors, without
FIRST having procured q druggist permit
therefor from the probate judge OF the county
wherein such druggist may be doing business at
the time; and such probate judge is hereby au-
thorized, in his discretion, TO grant a druggist
permit for the period of one year, 70 any person
of good moral character who is registered
| pharmacist under the law OF this State and
lawfully ana In good faith engaged in the busi-
ness OF druggist in his county. and who. In his
Judgment can be entrusted with the response
bilty Of selling said liquors for the purposes
aforesaid, in the manner hereinafter provided,
and said judge may at any time in his discretion
! revoke such permit. In order to obtain drug
gist permit under this act the applicant shall
file In the once OF the probate judge Of the
county wherein he is doing business, not less
than thirty days prior TO the hearing thereof. a
petition signed By the applicant and twenty
five reputable freeholders having the quail
hcations OF electors and twenty five reputable
| women over twenty-one years OF age, OF the
township, city of third class or ward Of any city
| wherein such business Is located, setting forth:
| First, the city or township and the particular
place therein where such business is located,
and that the applicant is person OF good moral
| character and does not use intoxicating liquors
| a. hay he entrusted with the
responsibility of selling the same: second, that
said applicant is pharmacist as aforesaid, and
Is lawfully and in good faith engaged personally
in the business OF a druggist the proprietor
| thereof at the place designated IN the petition,
and well versed in his profession; third, that
| said applicant has, In his said business, exclus-
I've Of intoxicating liquors and fixtures, stock
of drugs, II in any city, Of the value Of at least
g., 900 and if elsewhere OF the value OF at least
$500. Before any such petition shall be heard,
| or any permit issued to such applicant, he shall
publish for at least thirty days next prior there
to a notice published in some newspaper in the
township or city where such business is located
Or if none be published therein, then in
lome paper of general circulation there
! In, stating the time and place set by
such judge for the hearing OF such
| petition. The applicant shall be required to
| prove the truthfulness OF each and every state
ment contained in such petition, and the county
! attorney OF SuCQ county SHHll, ana OIACI
| citizen of the county may, appear and cross
| examine the witnesses OF the applicant, and
may introduce eTidence IN rebuttal Of the evil
| dence offered by the applicant. II satisfied
| that the signatures to such petition were signed
| by such persons, and that such petitioners are
citizens of such township, city or ward, and
that the statements in said petition are all true,
the probate judge may in his discretion grant
permit to the applicant to sell intoxicating
! EOuorS medical mechanical and scientific
| purposes only. and such permit shall be re-
| corded upon the journal of the probate court,
and certified copy thereof shall be posted in
conspicuous place in the store wherein said busl-
ness is carried on before it shall be of any valid
| ity. Before such permit shall be of any validity
such druggist shall file with the probate judge,
to be approved by him, q good and sufficient
bond to the State of Kansas. III the sum of 81 900,
4 conditioned, that such applicant and any one
| In his employ will neither use, sell, barter,
or give away any Intoxicating liquors IN
violation of the law, and on violation OF
| the provisions of said bond the same
Shall thereby become forfeited and the
| conviction of such pharmacist or any one in
/ his employ shall be deemed prima facie evl-
| dcnce of such violation. Any applicant or any
sitizen feeling himself aggricved by the decision
" the probate Judge, may within ten days there
! after, upon filing bond made payable to the
! State of Kansas, In the sum OF $50 to be ap-
! proved by the probate judge, conditioned that
| he will prosecute the cause to its speedy de-
termination and pay the costs occasioned by
such appeal If the order OF the probate judge
! shall be sustained, prosecute the cause upon
| appeal or error to the district court. The pro-
cedure in any case taken error TO the district
court from the order OF the probate judge, shall
be US prescribed by article p of the code OF civil
procedure far SIS applicable, and case or bill
| Of exceptions may 6e made, signed and certi-
| fed by the probate judge in said article pro-
| vided. If the district court shall find that the
probate Judge has abused his discretion, it shall
| have power to cause the probate judge to COM
| Ply with its judgment, otherwise the order OF
the probate judge shall be by the district court
| afimed. No appeal shall be allowed from the
| order OF the district court If the order Of the
probate Judge shall be reversed, the costs shall
! be paid by the county. II at any time
there sEan be fled with tho probate
| judge petition stating that any
druggist, naming him, who has q permit to sell
| intoxicating liquors, is not in good faith con-
forming to the provisions of this act or the act
! 10 which this is amendatory and supplemental,
verified by the affidavit of at least one of the pc
! titioners hereinafter named, and signed by
twenty five reputable and twenty-five
reputable women, all of whom reside in the
| township, city or ward il which the business of
such druggist is carried on. requesting that the
permit of such druggist be cancelled, the pro-
| ing such druggist TO appear before him on day
named not more than thirty days from the is
suing of such order at which time the question
| Of the cancellation OF such permit shall be con-
sidered. Such examination shall be conducted
| in the same manner in all respects as is herein
provided for the hearing OF the original petition
| for granting such permit, and such probate
Judge shall, If there are reasonable grounds for
believing that such druggist is not in good faith
carrying out all the provisions of this act the
act to which this is amendatory, cancel such
permit An appeal may be had from the
decision OF such probate judge, to
the district court as herein provided
for appeals from the application
for a permit: Provided, The permit of such drug
gist shall be imperative till such appeal is
finally decided: Provided further, This shall
not prevent the probate judge from canceling
any permit at any time on his own motion or
otherwise. II any probate judge shall issue
permit to any person not registered as q phar
macist or shall knowingly grant the same TO
| any person in the habit of becoming intoxicated.
| or not in good faith engaged in the business OF
a druggist as proprietor thereof, he shall be
deemed guilty of a misdemeanor. and upon con-
viction shall be punished by fine of not less
than 800 nor more than IL 900, and if anybody
shall siru the petition as provided herein OF any
applicant known by such person to be in the
habit of becoming intoxicated, or not in good
faith engaged in the business OF a druggist. he
shall be deemed guilty of a misdemeanor, and
upon conviction shall be punished by fine OF
not less than $50 nor more than 800. Before
the petition of druggist for permit to sell
intoxicating liqnors shall be heard by the pro
bate Judge the applicant shall pay fee of s. TO
the probate judge, who shall paythe same into tie
county treasury on or before the first day Of the
following month, for the benefit of the general
revenue fund. No permit now existing shall be
of any validity after the lst day Of May. 1881